the drive through. see you on radio with brian in a couple minutes. we'll give him a hard time. martha: see you right back here tomorrow. "happening now" starts right but no you folks. jon: more than a dozen tornados reported in the country's fourth largest metro area. homes flattened, 18-wheelers tossed around like matchbox toys. incredible stories from survivors. we're live on the scene. jenna: big night for mitt romney. three primary wins adding to his delegate total. rick santorum is hanging around saying wait until pennsylvania. jon: a flurry of new studies about breast cancer. the best way to detect it. what to improve survival after the disease and what may be causing overdiagnosis. info you need to know, "happening now.". jenna: some are calling it tornado terror and the name sounds like it fits when you look at the scene in one of

america's biggest cities. more dangerous weather also apparently on the way. we're glad your with u.s., everybody, i'm jenna lee. jon: imagine seeing those twisters bearing down on you? i'm jon scott. it was in the dallas area that more than a dozen twisters tore through, bouncing in and out of neighborhoods and flattening buildings. amazing though no deaths reported but winds so frear frears fierce, cars and even tractor-trailers took flight, tossed around like toys, coming to rest blocks aw from where they had been. more than 600 homes received some sort of damage, many reduced to nothing more than a pile of rubble. witnesses say they were nearly sucked out by the sheer force of the wind as they ran to take cover. >> we heard the sirens and you heard the tornado and we had some people see the rotation up in the sky and saying take cover. it's bad.

it's bad. you could hear the walls shake. we threw ourselves on top of the kids. >> if this concrete wall had gone the other direction it would have crushed us. that's where we were, right there where that concrete wall fell. >> amazing we're still living. terrible. i got into the closet with my animals. thank god the kids were not at home today. it is, it looks like a disaster area. it felt like a iraq, baghdad, undescribable. undescribable. jon: a lot of people thanking god this morning. we have team fox coverage. maria molina is live in the fox weather center. first let's go to adam housley live in arlington texas. adam, we've soon some of the pictures but have they done an overall assessment on the damage? >> reporter: jon, they're still starting that this morning. we've seen the helicopter fly over and insurance inspectors out here doing their assessments.

we talked to schneider trucking, the big-rigs in the video basically sucked up by the tornado. they're still assessing the damage. there are some reports that 30 were sucked up and tossed around like toys as you mentioned. they haven't yet confirmed that number. most of the ones they found were empty. they basically ship everything out of that facility. we'll have more information as we get it. meantime a live look. you talk about how the tornados came down, as one insurance who talked to me in joplin, missouri, last year, those tornados cale down and cut a swath through the land, staying down for three or four miles in some cases where these tornados were more like skipping a rock acrosses the pond. they dipped down and down and back up, down and back up. in south arlington, this house, two or three others around it on this street were damaged but two doors over the house is perfectly fine standing still like nothing happened. go across the freeway the tornado came down two miles south of here and tore up a bunch of homes there.

this home, bret smith just came back. you were at work yesterday when all this happened but you look at the damage now, what do you think? >> well, i mean, there is nothing i can do but rebuild. i came up, at least my family is safe. everything else, you roll with the punches. time to rebuild. >> reporter: you weren't here. a lot of neighbors talked about four or five or 10 minute warning or watching news and listen on radio then power went out. the warning gave them a chance to get under cover and stay away from debris and cause less casualties. did you hear that? >> i didn't hear anything about that i was paying attention at work but there was a lot of information going on. i got a call from my mother who happened to drive by. hey, you need to come home your house is demolished. come over here and get here there is no garage and roof is gone. well, time to rebuild. >> reporter: the bret, keith is showing pictures of the house. down to the left there is basement. there aren't a lot of homes with basements, right bret. >> no. there are 30 homes in the

area. >> reporter: most people didn't have basements but those that did have a chance to get in the storm. my relatives don't live far from here. people getting in bathtub and covering themselves. most everyone had a warning that allowed them to get to the locations. i heard from rick reichmuth earlier from fox he talked to the national weather service. we're told some of the national weather service departments will start categorizing these tornados like they do as hurricanes. went be official like one, two, three, four or five category hurricane but they will use different terminologies when. they see tornado warning coming because people in this area get them so much cause damage like they will be able to say the tornado is coming through. we expect it to be a catastrophic tornado. they will use that type of language to help people in niece areas used to hear about tornado warnings to get a better idea how serious they are. they think that is what happened here, people were warned pretty well and able to get away from some of the

debris. jon: very quickly, the xs. did, that is spray-painted on the house that is something searchers put on there to explain the house is searched? >> reporter: yeah, jon. we saw this during hurricane katrina and some of the other storms we've seen. they go through to make sure nobody is injured or killed or other situations they might find. that is one of the markings they use. find them on the home as well. the second story is gone. it has a marking where one of the officials checked home for any kind of casualties nobody thankfully there is well. jon: searchers don't want to do the job time and time again in the same spot. >> reporter: right. jon: adam housley, incredible pictures. jenna: we'll look what is going on with the weather. more dangerous weather expected as this system moves east. maria molina in the fox weather center with more on all this. what should we watch for? >> reporter: unfortunately we're looking at same storm system that produced severe weather across parts of texas and southeast producing a risk for more severe storms not just today

but as we head into tomorrow. this is slow moving storm system. a cut-off loy. basically it separated from the jet stream and when storms do that they tend to move a lot slower because they're separated from the jet stream that helps shove them along quicker. yesterday we got 18 reports of tornados, all coming from northeast texas, dallas metro area and northeastern parts of texas. typically we are headed into the months that we tend to see more severe weather activity for the months of april, may and june. on average that is what tends to happen. this is not totally unusual to see this severe weather this time of year and looking at tornados that happened yesterday across the area that has high probability during the month of april to see tornadic activity. you see activity across northern louisiana, parts of texas, northern oklahoma and southwest arkansas. this is not totally unusual. but still you see the images coming out of the areas it is still scary. also we need to make sure we have a plan for when these

tornado warnings get issued so we know what we will when we get the tornadic activity in our area. this includes parts louisiana and portions of tennessee valley and further to the east and virginia, north carolina, you're looking at slight risk for severe storms. right now no warnings issued, jenna. as we head into tomorrow we'll look at another round of severe weather possible across parts of the i-10 corridor from new orleans into tallahassee, florida. jenna: a lot to pay attention to, maria. thank you very much. we'll stay updated on the weather across this country. we always appreciate our viewers when they help us report on news stories we're covering. we have great pictures out of texas. this is by lauren she was driving on the highway late this afternoon when she spotted this through her windshield. that is scary. the twisters caused a lot of damage. this taken, this picture taken in the diamond creek residential community. one house is totally flattened while others near it appear to have minely damage.

appearances can be deceiving, can't they? put safety first, that's for sure. we you take the photo. if you have one you like to share, log on to ureport@foxnews.com and up load the images and we'll share some of them on the air. jon: let's talk a little politics now in america's election headquarters. mitt romney tightens his grip on the gop nomination going three for three in tuesday's primaries in wisconsin, maryland and washington, d.c. he is adding significantly to his big lead in the delegate count. and in his victory speech the former massachusetts governor focused squarely on the president instead of his republican rivals. president obama is also now going after mitt romney directly by name. joining us now, chris stirewalt, fox news digital politics editor and host of "power play" on foxnews.com live. interesting that the president has decided to address mr. romney by name.

the white house has clearly decided no matter what the gop primary might eventually say the white house has decided this is their opponent? >> well, that's right, jon. it's been a year since the president kicked off his campaign. he spent a year basically raising money and taking campaign trips to swing states to talk about his policies and you saw a very sharp shift. it happened yesterday. the president was talking to the associated press gathered in washington and it was bitterly partisan tone. it was hard-hitting, it was rough and general election stuff, usually the kind of things that you don't hear from an incumbent until much later in the process. they turned to focus on mitt romney and the president is getting rough early on. jon: let's talk a little bit about the primary though. rick santorum is still in it. he is pinning a lot of his hopes for future success on his home state of pennsylvania. the "real clear politics" average of the polls in that state seem to suggest that the race is tightening up a little bit. we've got mitt romney at,

i'm sorry we've got santorum at 36%. mitt romney at about 29%, a little bit above that. and defend, again, things seem to be getting tighterthe ps says. quinnipiac university does a great job of polling in pennsylvania. they show the race tighting. as republicans coalesce behind romney it will be harder for santorum even in his former home state to come out and make the case republicans ought to prolong this process. there is something else at stake here for santorum, jon. that's the fact if and when the moment comes for him to depart this race, he doesn't want to do it, he doesn't want to be run out and he didn't want to be forced out of this race by mitt romney, a guy who he really run hard against. he used very tough language and very rough on mitt romney. he doesn't want to get pushed out of the race by this guy. for his own sort of political dignity, for his own future, he also needs a

win in pennsylvania. jon: chris stirewalt, our fox news digital politics editor. chris, thank you. >> you bet. jenna: more drama that as we await a landmark supreme court decision. what an appeals court is demanding after the president's comment about the high court earlier this week. the battle over checks and balances heats up. we have the latest edition for you. jon: extraordinary times there in washington. should women consider skipping a mammogram to detect breast cancer? a new study shows there might abetter option. jenna: sound counterintuitive but we'll talk about that. a very cool rocket launch in california but what's on board is a mystery. we'll tell you what we learned about this mission coming up [ grandfather ] that a boy!

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or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. jenna: right now the controversy growing over what some are considering a

presidential challenge to the supreme court. a federal appeals court wants answers in writing from the obama administration on whether the federal courts have the right to strike down laws they deem unconstitutional. this is after the president suggested an unelected group of judges, the supreme court, should respect the decision of a democratically elected congress. now a panel of republican appointed judges from the fifth circuit want attorney general eric holder to clarify those remarks by tomorrow. that demand came yesterday during arguments yet over another case challenging the health care law. take a listen to what happened in the courtroom. >> i would like to have from you by noon on thursday that is about 48 hours from now, a letter stating what is the position of the attorney general in the department of justice in regard to the recent statements by the president stating specifically and in detail in reference to those statements what the

authority is of the federal courts in this regard in terms of judicial review. jenna: homework assignment if you will. the justice department's response to fox so far is no comment. now last night on "special report" white house press secretary jay carney had this to say. >> of course we believe that the supreme court has, and courts have as their duty and responsibility the ability of striking down laws as on constitutional. the president was talking about the precedent under the commerce clause here represented by the legislatures, duly elected legislatures ability to address challenges to our national economy. that is certainly what health care represents. jenna: tim o'brien is an attorney and award winning journalist who covered the supreme court for more than 20 years. nice to have you back, tim. >> thank you, jenna. nice to be here. jenna: who is out of line here, the president, the judges or the judge or both? >> this is a case of the bizarre over the ridiculous. it is ridiculous to suggest

that the federal courts can't throw outlaws they find unconstitutional. the president says that's not what he meant, maybe that is not even what he said but it is bizarre for a federal court to give this kind of instruction to the justice department based on a, off-the-cuff statement by the president. he asked the attorney before him, does not the federal courts have the authority to throw out a law it finds unconstitutional? she made clear, absolutely yes, the answer is yes. so for the judge to send this letter out is kind of posturing. it is a republican panel. it looks bad for the court. it looks like they're getting engaged in politics when they thud focus on the law. the president use ad bad choice of words in his explanation about this case but i think the judge was even more off the reservation here. jenna: we heard that term, judicial activism a lot from all sorts of people, republicans, democrats. would you define that for us, judicial activism? do you think what the judge

did yesterday is an example of that? >> it seems when everybody comes out, a court comes out with a decision you don't like you say it is judicial activism. that is not what judicial activism is here. i think the judge by going beyond the case before him, refering to politics and statement a president makes off-the-cuff, not formally in the record, that might be judicial activism. president obama saying might be judicial activism for the court to rule against him on this. that is not correct either. that is the job of the federal court, to decide cases before them. however, they should act with restraint. they should decide cases narrowly. if there is a way of avoiding the constitutional question they should do so. that is not the case here. they should make there is a real case or controversy. they should act with restraint. it has nothing to do with the outcome of a specific case. jenna: you mentioned that is what they should do. whether or not that's what they're doing we actually, we don't know right now. we don't know the decision yet. and i'm curious, does this

have any real effect for any of us? what's the effect of this sparring back and forth between the branches of government? >> well i think it is unfortunate for the court to get involved in this. i think if the president is perceived at the supreme court saying you can't do this, well, in a close vote that might even embolden some justice to say, let me show you that we can. i think it will go away. i think conflicts between the branches of government are inevitable and this will be a minor one in the end. the court will do its job. it will decide this constitutional question one way or another and we'll have to accept it. this is a tough question which reasonable people can and do disagree. jenna: we'll see if the justice department comes up with a three-page single-spaced letter. >> i think three sentences would be enough. jenna: we'll see what they do, tim. nice to have you back. >> sure. jon: fascinating, back and forth on that issue. jenna: single-spaced that is sear are you stuff. takes some time. jon: like staying after school, isn't it? a construction worker is killed on the job after

another deadly crane collapse in new york city. the latest on how this happened, coming up. jenna: plus this week the dow closed at its highest point in a little over four years. the nation's unemployment rate is at its lowest since 2008. got all that? there will be a quiz on that later. our next guest calls the economic recovery very weak though. we're going to ask him why next. i love that my daughter's part fish.

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jenna: welcome back, everyone. right now our nation's economic recovery is being called the worst in history. that is according to an editorial published in "the wall street journal." it says our current recovery appeals in comparison with most others including the

one following the great depression in the 1930's. the man who wrote that editorial joins us now. ed lazear, chairman. council of economic advisors under president george w. bush and a fellow at stanford's hoover institution. ed, nice to have you back on the show with us. >> nice to be back with you, jenna. jenna: the worst economic recovery in history. why do you say that? >> well the problem that we face right now is that we really haven't had a recovery. fortunately the economy is growing again but it's growing approximately at the long-term rate, not even quite that. normally after a recession what happens is we have economic gotha brings us back to where we would have been. the sad state of affairs today is that hasn't happened so right now if we look at where the economy is we're about 12% below where we would have been but for the recession. that's a problem because it means that we're not making up for the lost ground that we suffered over the past

few years. that's very unusual. it hasn't happened in the past. if you look back, for example, at the very severe recession in the early '80s, we had growth of about 12% in the two years following that. in the two years following the trough of this one, we had growth of less than 5%. so that's the problem. jenna: now the comparisons simply don't work anymore. when you look at our financial crisis, it was a completely different financial crisis than any other and really we're in a new normal. so the recovery isn't going to look the same. what do you think about that? >> there is certainly that argument. the people who made that argument most forcefully, ken rogoff and carmen reinhardt, are certainly very respected economists and i take anything they say seriously. but what i would point out is that, remember the great depression also began with a pretty significant financial collapse and if you look at the years that followed the four years of economic decline, very see sear

economic decline in the early '30s, we had 35% growth right after that. so most of the evidence that we've seen from past recessions suggests that the strength of the recovery is actually related to the depth of the recession which means that if you have a really strong recession, you're going to have a strong recovery. jenna: pendulum swing, if you will? >> that's, sorry, please, go ahead. jenna: so our viewers can kind of visualize that, farther the pen you lump swings in one direction the farther it will come back. that's why we saw growth of double digits after the great depression? >> that's correct. that's also why we saw rapid growth after the early '80s recession. pretty severe recession. pretty rapid recovery. that hasn't happened this time. jenna: quick question for you about jobs because we do have a jobs report coming up this week. >> right. jenna: one economist suggests that after world war ii that we took 10 years, depending whatever recession we were in, to actually get to the precrisis levels. do you think that is the situation we're in right

now? that it will take us 10 years to get back to the precrisis levels? >> well, i hope not 10 years but if we, if we look at the current rate of job creation, even at a about 200,000 a month which is obviously good compared to where we were a year ago or so, even at that rate, it is going to take us close to 2015 until we're back to even the level we were at the beginning of the recession. and we need to get well above that level because the economy has grown, the number of people have grown. it will be a while unfortunately. but, you know, the good news is that the labor market is coming back, coming back very slowly. we're still at 8.3% unemployment which is, a very, very high level. so, you know, people aren't feeling that great about the labor market right now. the fact that it is getting better doesn't mean that it is good. jenna: we'll take the good news where we can at least for the moment. i didn't get a chance to talk to you about policy. we'll do that next time.

we look forward to having you back. >> thanks a lot for having me on. jon: if your mobile phone is on someone could be tracking you. a new report raises questions about police skipping the search warrant and checking up on americans anyway. we'll get into that. plus uping the ante on a battle over checks and balances. president obama said it would be unprecedented for the supreme court to overturn his health care law. well now a federal court wants to know if the justice department which works for the president agrees? juan williams and mary katharine ham ready to square off in a fair and balanced debate about that. that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8.

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jon: "happening now", new reaction to a federal judge's demand that the obama administration clarify in writing the president's comments on the health care case. this after the president suggested an unelected group of judges, namely the supreme court, should respect the decision of a democratically-elected congress. well that left one of the three republican appointed judges from the u.s. fifth circuit court of appeals to demand a letter from attorney general eric holder. the letter wants holder to explain his boss's remarks by tomorrow. did either side overstep its boundaries here? let's get a fair and balance debate underway. joining us juan williams, fox news political analyst and mary katharine ham,

daily caller a fox news contributor. wayne, your book, must he would, honest debate. let's get honest debate here. what was the president trying to do when he made the remarks in the rose garden? >> i don't think he was trying to back up the supreme court specifically chief justice roberts. you can say it was act of intimidation, an act of intimidation provogued a lot of commentary all the country heard during the arguments over the affordable health care act. i think people viewed it as highly political and they view the court now as increasingly a political instrument after bush v. gore in 2000. after the citizens united case. just this week there was a ruling 5-4 republicans versus democrats on the supreme court, we're not used to talking in those terms about strip searching people if they got picked up for drunk driving or not having their license. now the fear is that this political court would rule against a democrat congress and democrat president. so the president was

punching back. as i say i don't think there is any way to get away from the fact it was intended as a shot across the bow at this republican majority on the supreme court. jon: juan, do you honestly believe if the health care act would put to a vote in congress now, would it pass? the. >> in congress? no you have a republican. jon: right. >> majority in the house. jon: right. and remember what happened after senator kennedy died and the senate rushed the whole thing through? i mean, politics is part of our everyday life. maybe you need something long-term and stable like the supreme court to figure out whether this, this thing that is going to take over 1/6 of the economy is a political act in and of itself. >> it is political. what are you talking about, jon? it is political. jon: politics ticks. mary katherine you answer that question. >> here is what is going on here. i don't think it is a great idea to lash out at the supreme court. he has done it twice. we only have discussions about how politicized the court is and what bum and liberals don't like what the

court might decide. what they were surprised by the solicitor general went into the court and suddenly there were actual real questions about whether the mandate was constitutional. whether it constituted actual commerce under the commerce clause and could be governed that way. when confronted with those arguments they were sort of surprises. liberals had been in a little bubble about this and didn't think there were any good arguments against this. i don't think this is political act. we have evenly divided court we knew this would be evenly divided case with a swing vote in there. here east the thing and liberals idea of the constitution you have to take responsibility for the things you're saying. in both the citizens united case and this case the solicitor general goofed up pretty badly. didn't make great arguments. sit since united case admitted campaign finance law as it existed before would allow banning books with political content. that is the reason they had to discuss that at a deeper level. they made mistakes and the president needs to acknowledge that was part of the game here. not just a politicized

court. >> mary katherine, we're more accustomed to saying conservatives the court should act with restraint and shouldn't become politically activist. when i see this court -- >> having discussion about the -- >> go ahead. >> having a real discussion about the constitutionalty of the mandate which is, as even kennedy the swing vote said, is a fundamental change in how the federal government relates to individuals, that is not a political conversation. >> i don't think it is a fundamental change. i think that in fact the that lower court level, even at the d.c. appeals court level, conservative justists, a leading conservist jurist, lawrence silberman upheld the mandate saying normal under the congress clause. even justice scalia said in previous rulings said the commerce clause widely. >> not to noncommerce. jon: take you back a couple days what the president actually said in the rose garden. i want to play that and get a quick couple questions in. >> ultimately i'm confident that the supreme court will

not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democraticall democratically-elected congress and i just remind conservative commentators that for years what we've heard is, the biggest problem on the bench was judicial activism, or a lack of judicial restraint. that, an unelected group of people would somehow overturn a duly constituted and passed law. jon: he said unintellected, i think he meant elected juan. would the president volunteer all his supreme court justices serve a maximum of eight years? >> well, i don't think so. jon: that's the point.

>> what's the point? you think the point is that the court become totally political institution, we should accept it as such? i don't think the american -- >> but it hasn't. they don't think that. here's the thing. here's the problem. american people don't think that. the supreme court remains most respected venner rated parts of government and our most venner rated public institutions. the president needs to be careful about arguing and lashing out against them on several occasions especially on something 72% of the americans think it is unconstitutional. doesn't seem like a good political position and he is politician. jon: it just crossed the wires as we've been having this discussion. attorney general eric holder said yes, he will respond to the fifth circuit request. >> good. jon: for some -- >> if for no other reason to bone up on judicial review i think it is good idea for him. >> i think because he was listening to this debate. jon: could be. juan williams, mary katharine ham. thank you both. jenna: never know. maybe he was. eric holder had this to say.

he is in chicago speaking right now. we're fom lating a response now. it will be an appropriate response. we respect decisions made by the courts. he goes on to say we're confident health care reform will stand constitutional muster. that is coming from the attorney general. we'll wait to see that response. jon: interesting. jenna: three pages due tomorrow. jon: single-spaced. jenna: single-spaced. that's what we know. we don't know about the font or anything else but that is what we're expecting. this is big story in new york city. investigators are trying to figure out what caused another deadly crane accident at a construction site in manhattan. rick has more on this following it from our newsroom. >> reporter: we're down in the u.s. newsroom because we're trying to get more details on this terrible accident that killed a construction worker. this is on the west side of manhattan, not far from the hudson workers. workers there building apart breaking into 30-year-old construction another in serious

condition. a few others hurt but only minor injuries t was hard for first-responders to get to the workers apparently because officials said at the scene with its equipment, construction materials was simply too dangerous. not just stable enough. to give you an idea how big this crane was, when it broke in two, one of the pieces was 80 feet long, the other, 40 feet long. there will be an investigation to find out exactly why this happened and new york has had its share of crane collapses over the years. i covered one in a you too years ago, 2008, that left one worker dead, another one injured. that case right now by the way is in the courts with the crane owner on trial for manslaughter. so we'll see what this vest ends up showing. back to you. jenna: rick, thank you. jon: a new report about cell phone tracking is sounding alarms for privacy advocates raising concerns over police departments watching your every move without your

permission. peter doocy live in washington with more on who's watching you. so, should the average american be concerned here, peter? >> reporter: jon, it depends on how concerned you are with law enforcement possibly knowing where you've been because the american civil liberties union requested information from 383 law enforcement agencies, 200 responded and only 10 said that they don't track cell phones at all. many of the rest have done so without warrants. >> the most disturbing finding of our study is that law enforcement agents frequently track the locations of cell phones without getting a warrant based on probable cause. where someone goes can reveal a great deal of information about them from who all their friends are to what medical professionals they visit or what civic or political organizations they join. that is not the type of information law enforcement agents should accessing. >> reporter: some other documents obtained by the

aclu that the cell phones were profiting off tracking by charging police departments for information where you've been. we reached out to several carriers. only one wrote back. it was at&t. they e-mailed and said they do not sell your personal information to anyone for any reason period. jon. jon: peter doocy, reporting live from d.c. thanks, pete year someone has a secret and they're not telling. a rocket blasts off for space carrying some truly top secret cargo. what is inside them? we'll try to answer that big secret for you. promising new reserve to tell you about. dr. marc siegel will join us coming up. [ male announcer ] this is lawn ranger -- eden prairie, minnesota.

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jenna: some brand new stories next hour for you including major developments in those bizarre coronado mansion death. a woman was found hanging after her boyfriend's 6-year-old son died from the

fall down the stairs. there are new developments in this story. we'll bring you those details. listen up if you're trying to sell your home. inside tips from top brokers. how they're moving houses even in a terrible market. still pretty rough out there. right across our border, human sacrifices. an investigation into a cult suspected of carrying out ritual killings. jon: a rocket blasts off from the california coast but what is on board? we don't really know for sure and those who do know aren't telling. rick folbaum has some of the information for us. rick? >> reporter: jon, this is top secret stuff. not the kind of thing we usually get to see. in fact we only get a little bit of it and the cameras are turned off. >> this delta 4 rocket carrying the mission for the national reconnaissance office. >> reporter: is the beginning of the launch of the delta 4 rocket taking off yesterday afternoon from vandenberg air force base,

hour and a half or so north of los angeles. what's on board as you mentioned, jon, we don't know for sure. since this cargo belongs to the national reconnaissance office we can make a pretty good guess. intelligence analysts say it is probably a new spy satellite alongwith technology that is currently better than what is up in space. this satellite could have the technology to see at night and through bad weather to give our intelligence community a better advantage keeping track of what is going on countries that we like to keep track of what is going on. that is speculation. three minutes after the launch the tv feed we showed you faded to black. no need to draw anymore attention to this stuff, do you think? >> our lips are sealed, rick, absolutely sealed. thank you. jenna: new promising studies about breast cancer, the best way to edetect it and what is causing overdiagnosis and how

certain foods will fight the disease. honoring a true american hero. martin luther king, jr. died 44 years ago today. his life's work fighting for all people cut short in memphis. we remember him now. >> we as a people will get to the promised land! [applause] so i'm happy tonight i'm not worried about anything. i'm not fearing any man. channel 9, eyewitnesses have seen the glory of the coming of the lord! is this what we're doing now? i don't want a pluer anywhere near my coffee. not in my house. with maxwell house french roast, you let gravity do the work. [ male announcer ] maxwell house french roast. always good to the last drop.

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jenna: we want to tell you

about three important new studies on breast cancer just released. one of them calling into question how effective mammograms alone are detecting these diseases citing the significance of using ultrasound and mris for some women. dr. marc siegel, a member of the fox news medical a-team and professor of medicine at nyu's langone medical center joins us now. doc, start off with this one about mried and ultrasounds. i read this part about the study. they say this. although more canners were detected only 7.4% of the women ended up having cancer. why is that? >> jenna is like dueling medical studies coming out at the same time. the one you're refering to is in the "journal of the american medical association" that looked at 2,000 women. this is question i always had. women with breast dense tissue, maybe family member had breast cancer how do you screen them? is mammogram alone enough? mammogram we know decreases

deaths from breast cancer by almost 30% since 1990. it is a great screening tool but doesn't do as well with dense tissue. what do you do? do you add an mri and ultrasound? this study looked at that, if you add an ultrasound or mri, mris are expensive, between 500 and $1,000, if you add one of the tests you increase what we call the diagnostic yield. you will get more diagnoses. as you just said, only 7% of the those cases will end up being breast cancer. meanwhile you're possibly leading to biopsy of one out of every 20 women that gets an ultrasound. that is a lot of unnecessary biopsy. >> but if you got a warning, you would, everyone would want that biopsy, right? if you had a warning from mammogram or ultrasound or anything else you would want to make sure it wasn't something more dangerous. a study out of norway gives a completely different, a different way to look at mammograms. saying one out of every four women where breast cancer was found by the mammogram,

that tumor wouldn't have caused them any problems in their lifetime. how could that be? >> that is an amazing study although what we call observational but over 40,000 women. saying that gift teen to 25% of those cancers end up being indolent, meaning they wouldn't have killed you. even if you had never found them nothing would, wouldn't have what did you in the end. in the an walls of internal medicine. almost like these two journals are dueling. i end up in the same place, jenna. it is the art of medicine. i want to know the information. the take-home message isn't necessarily to biopsy everyone. the message may be if you find an be a normality and have dense tissue maybe we need more than a mammogram, maybe we follow these results. i get nervous in statistics only. if the hands of a very smart physician you might have these results and follow for a while without doing anything like a invasive biopsy. jenna: gives you something to think about. we had another topic we

didn't get into about the different foods we can eat. we'll put it on the website. we're out of time. >> one thing, eat less fat. if you have breast cancer and less fat. more vegetables. that is the take home message. jenna: it is never the chocolate. >> exactly. jenna: that makes sense. >> you can have chocolate this sunday. jenna: happy easter to you, drok. thanks so much, dr. siegel. >> good to see you. jon: a fox news alert. hear is the president and vice president about to announce the signing of the stock act. the, the bill that to prevents congress from trading on insider information. >> i'm very grateful to them. i want to recognize congresswoman louise slaughter and issue her a speedy recovery. she broke her leg yesterday so she couldn't be here in person. i think she will be okay but she first introduced the stock act in 2006 and i know how proud she is to see this

bill that she championed finally become law. lately i've been talking a lot about the choices facing this country. we can settle for a country that, an economy where shrinking number of people do exceedingly well while a growing number struggle to get by or we can build an economy. jon: we'll have the ceremony streaming for you live on foxnews.com if you would like to continue to hear more about the stock act from president obama. we'll be back after a short break. >> that everybody plays by the same rules so, ah, your seat good? got the mirrors all adjusted? you can see everything ok? just stay off the freeways, all right? i don't want you going out on those yet. mmm-hmm. and just leave your phone in your purse. i don't want you texting, all right? daddy...ok! ok, here you go.

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martha: fox news alert we want to bring you to the white house where you can see a pool of water in the middle there. apparently they just turned off the water because there was a major water main break at the white house. it was causing quite a scene. a lot of construction happening right outside. they had a little bit of a problem today. looks like things are all right right now. no one had to evacuate or anything. you don't see a water main break

at the white house every day. we wanted to bring you up to date on that, and we'll tell you more as we get it. jon: and this fox news alert we are waiting for republican presidential contender mitt romney to speak in washington the day after he swept the d.c. primary and two others. the former massachusetts governor is about to speak to the american society of news editors. when the president spoke to that same group yesterday he had a few things to say about governor romney. governor romney likely to have a response to the president's comments yesterday. joining us now is charlie hurt. mitt romney had a good day yesterday. >> reporter: he sure did. he cleaned up in three different primaries. i'm astonished the way that a lot of the mainstream media is saying, now it's onto pennsylvania, and he's got to win in pennsylvania to become the nominee. the fact is, he's basically the nominee now.

he's really wrapped this up. as chris stirewalt did the math this morning in his power play letter, and pointed out that mitt romney so far has won 58% of the delegates. he now needs to win 42% of the remaining ones, and rick santorum would need to win 74% of the remaining ones. you do the math. i mean it is over. and what is really interesting about it is that all of this fighting that we see going on, you know, the campaign going on and on, it's not even all that entertaining any more. it's really, you know, kind of the cake is baked. jon: as i said we are waiting for mitt romney to speak to that same convention that the president addressed yesterday. charlie when we hear his remarks we'll come back to you and get thoughts on what governor romney has to say. charlie hurt, thank you. >> reporter: thanks, jon. >> reporter: in the control room a busy hour coming up straight ahead, stories you'll only see

right here on "happening now," including this one in the top screen, a bizarre story centered right near the u.s.-mexico border. three people, including two children are dead the victims of a human sacrifice. and now a cult leader and her followers are in custody. more on that. a bizarre new twist in a story, a tragic story of a young boy and his father's girlfriend who died just days apart, now the boy's mom is going to court, we'll tell you why. and college students pepper sprayed in california. two had to go to the hospital. why would the police do this? we've got the details, that and breaking news as it happens on "happening now" right now. >> it sound like a train coming, it just hit the house and it did it about 20, 30 seconds, when i came out everything was destroyed out here. >> i went and jumped in the bathtub, put a comforter over us and that was it.

>> it's hard. but i'm just glad to be here. >> it hit quick. i saw the clouds twirling, i ran and jumped in there. by the time i closed the door it hit. jon: incredible stories of survival out of the dallas kwraeur in texas. as many as 18 twisters tear through the suburbs there, hello i'm jon scott. jenna: hello i'm jenna lee. it hit more than 16 homes tossing cars and trucks around and knocking out power to thousands in the dallas-fort worth area no reports of major injuries or death. the dangerous weather is far from over. joining us on the phone is the public information officer with the city of fort worth texas, bill begley. do we have no serious injuries or death. >> that's right, jenna. we were fortunate and we feel lucky and blessed that the major damage missed us. our neighbors to the south and east were hit harder.

we've been offering neutral aid as much as possible, but as of today our updates, no injuries or reports of note here in north worth. jenna: what is the latest from the fort worth area? what are you dealing with today? >> last night we had four fire department companies and a battalion chief sent to arlington to help out the city of arlington. their fire department was busy answering calls related to the storm, so we backfilled to make sure if there any fires broken out that they were -frd covered. our animal care and control department sent five trucks to a small area hit hardest because of reports of so many different animals loose from the houses that had been damaged and the trailer park that had been hit so hard. we are still assessing any possible damage around here. the reports around here this morning have been positive, at least in fort worth. we are on call to help out any of our neighbors that need help. we are here and ready. jenna: when you look at some of

these images is takes your breath away. where were you yesterday when the storm came through? it seemed to come on so suddenly for all of us in the newsroom getting the news reports, and then of course we saw the damage. how was it for you on the ground there? >> yesterday i was actually at city hall when i got the call. as soon as i got the call from the emergency operation center our sirens went off. more than 70 sirens were set off at ten to 1:00 central time, letting people know that tornadoes had been spotted on the ground. i had to walk one block over to our emergency operations center. we have a joint emergency operations center that works throughout the region. we had dozens of partnering groups there helping us monitor the situation, reach out to municipalities that needed help. keep an eye on the weather, also prepare for any assessments or any rescues, or again offer any mutual aid i. was actuall. i was actually inside watching the storm on radar and watching

it track five miles from my house. that with us a nervous time for me. jenna: who is your house. >> except for a few loose shingles i'm good. i have friends and neighbors that were hit pretty hard. it was tough. fortunately for us as far as we know no serious injuries and it's matter of cleaning up and figuring out how we can help. jenna: let me ask you about something that adam housley reported last hour. he says sirens go off often, this is not something that is unusual for the fort worth area the dallas area, tornadoes come through and there is an idea that maybe if the warnings are with a description, that people might respond to them more than if it's just the same siren for any tornado. do you think that would be helpful? >> i think that we do a good job ever trying to educate our public. you know, we have a history here of some spring storms that can get pretty large. if you go back to 2000 there were the twin tornadoes that hit the metro plex damage that did a

lot of damage. we've upped our game late bit since then, we've added a lot more sirens and worked really hard to educate the public that when they hear the sirens, what happens and what you're supposed to do. there is a program we call know what to do, it instructs the public when you here a siren, this is generally what it means and this is what you need to do. jenna: thank you so much for the time today. we really appreciate it. wish all the best to you and your team in the fort worth area. jon: mitt romney speaking to the american society of news editors. let's listen in. >> hour upon hour in the final diesel aroma of a campaign bus and we have shared birthdays and holidays, more actually with each other than we have with our families. one of the reporters who has been covering my campaign from the "los angeles times" enjoyed her birthday with us. for that birthday i got her a cake and song her a birthday song. reciprocating for my birthday

she was kind enough to remind me that i was now old enough to qualify for medicare. in just the last few years, since my last campaign the changes in your industry have been quite striking. back then i would look on drudge or fox or cnn online to see how the stories were developing, and only hours after a speech it was being dissected on the internet. now of course we go to twitter, it's instantaneous. in 2008 the coverage was all about what i might have said in a speech. today it's about what brand of jeans i'm wearing, or what i had for lunch. now most of the people in my business are convinced that you are biased against all of us. we identify with lbj's famous quip that he was to walk on water your headline would read "president can't swim." some people thus welcome the tumult and turmoil in your

industry, heralding the new voices and the unfiltered and supposedly unbiased sources. frankly in soft new media i find myself missing the presence of editors to exercise quality toll. i miss the days of two or more sources for a story, when at least one source was actually named. how your industry is going to change i couldn't possibly predict. i happen to subscribe to yogi berri's line, forecasting is very difficult especially when it involves the future. you will continue to find ways to provide american people with reliable information that is vital to our lives and to the nation, and i'm confident that the press will remain free, but further i salute this organization and your various institutions that make it up in your effort to make it not only free, but also responsible,

accurate, relevant, and integral to the function of the democracy. thank you for that work. now given the number and the scale of our nation's challenges this november's election will have particular consequence. it will be a defining event. president obama and i have very different visions for america, both of what it means to be an american today and what it will mean in the future. the voters will expect each of us to put our respective views on the table. we'll each make our case, bu butressed by our life experience. the voters will hear the debates, they will be buffeted by advertising and informed by your coverage, and hopefully after all of that they'll have an accurate understanding of the different directions we would take and the different choices we would make. of course for that to happen the candidates have to be candid about their views and their

plans. and in that regard president obama's comments to president dmitry medvedev are deeply troubled. that incident calls his candor into serious question. he doesn't want to share his real plans before the election, either with the public, or with the press. by flexibility he means that what the american public doesn't know won't hurt him. his intent is on hiding. you and i are going to have to do the seeking. now president obama's exchange with the russian president raises all sorts of serious questions. what exactly does president obama intend to do differently once he is no longer accountable to the voters? why does flexibility with foreign leaders require less accountability to the american people? and on what other issues will he state his true position only after the election is over? but instead of answering those vital questions the president

came here yesterday and railed against arguments no one is making, and criticized policies no one is proposing. it's one of his favorite strategies, setting up straw men to distract us from his record. and while i understand the president doesn't want to run on his record, he can't run from his record either. now i've said many times before, the president did not cause the economic crisis, but he did make it worse. he delayed the recovery, and he made it anemic. when he took office millions of americans looked to him to turn around the economy and to lead us back to full employment. he failed these americans. the first three rules of any turn around are focus, focus, and focus. but instead of focusing his attention on the economy he delegated the stimulus to nancy pelosi and harry reid.

the $787 billion stimulus included a grab bag of pet projects that languished in congress for good reason for years. it was less a jobs plan and more the mother of all earmarks. the administration pledged that their stimulus would keep the unemployment rate below 8%. it has been above 8% every month since. the president's attention, it was elsewhere, like a government take over of healthcare, and apologizing for america abroad. he handed out tens of bills of dollars to green energy companies, including his friends, and campaign contribu contributors at companies like solyndra that are now bankrupt. president obama's answer to our economic crisis was more spending, more debt, and larger government. and by the end of his term in office he will have added nearly as much public debt as all the

prior presidents combined. no president has ever run a trillion dollar deficit. the new normal the president would have us embrace is trillion dollar deficits and 8% unemployment. through all of this president obama has failed to even pass a budget. in february he put forward a proposal that included the largest tax increase in history and still left our national debt spiraling out of control, and the house rejected it unanimously. of course no fiscal challenge is greater than the one we face with entitlements as the president himself acknowledged three years ago, this is not a problem that we can kick down the road any further. i'd be willing to consider the president's plan, but he doesn't have one. that's right, three and a half years later he has failed to enact or even propose a serious

plan to solve the entitlement crisis. instead he has taken a series of steps that end medicare as we know it. he is the only president to ever cut $500 billion from medicare, and as a result more than half of doctors say they will cutback on treating seniors. he's destroying medicare advantage, eliminating the coverage that millions of seniors depend on and reducing choice by two-thirds in the program. to control medicare costs he has created an unelected, unaccountable panel with the power to prevent medicare from providing certain treatments, the result of course will be fewer treatments and services available to patients and nowhere else for them to turn. a couple of months ago we saw a fascinating exchange on capitol hill that showed this administration's even action on entitlements but also it's

appalling lack of leadership. treasury secretary timothy geithner testifying before congress, congressman paul ryan, who by the way unlike the president, has had the courage to offer serious solutions to the problems we face, he was pressing geithner on the administration's failure to lead on entitlement reform, and geithner's response was this. we are not coming before you today to say we have a definitive solution to that long-term problem. what we do know is we don't like yours. take a moment. think about that. we don't have a solution, all we know is we don't like yours. it almost makes one long for the days when the president simply led from behind. and now in the middle of the weakest economic recovery since the great depression the president purports to have experienced a series of election year conversions. as president he has repeatedly called for tax increases on businesses. now as candidate obama he

decides this a lower corporate tax rate would be better. as president he's added regulations at a staggering rate. now as candidate obama he says he wants to find ways to reduce them. as president he delayed the development of our oil and coal and natural gas. now as candidate he says he favors an energy policy that adopts an all of the above approach. nancy pelosi famously said that we would have to pass obamacare to find out what was in it. jon: mitt romney the leading republican contender for the nomination for president speaking in front of the american society of news editors in washington d.c. the president spoke to that same group yesterday, made some pretty interesting charges. we have that -- mitt romney's speech streaming for you live on foxnews.com if you would like to hear the rest of the actual address. we will likely take you back there when the question-and-answer session begins. joining us now, though, charlie

hurt a columnist for the washington times. he said it right there, he said that essentially he will be taking on the president in november. clearly mr. romney thinks that this election is his and it's time to address only barack obama. >> reporter: why i think you're exactly right, jon. you did not hear the name rick santorum, or republican primary, you didn't hear any of that here. he has turned completely to president obama. he has turned completely to the general election, which i think is smart. the other point that i would make real quick, jon is that, you know, mitt romney may not be sort ever the sexy rock star that barack obama was in 2008, or what some people would like to see in the republican nominee, but he is giving a heck of a good speech there, and it's very detailed, it's well delivered, and he is hitting president obama on all of the sort of important points that i think the election will turn on,

and that is the economy, jobs, the supposed recovery that president obama talks about, how he's kind of saved the economy and the auto industry from oblivion and things like that. he's doing a very, very, good job of going toe to toe of those points. bill: a point by point rebuttal of what the president had to say. 8.3 unemployment actually feels pretty good in this country compared to what we've been to. >> reporter: if you talk to people who have given up looking for work it's much worse. while that may be sort of a number that is not as scientific as the bureau of statistics for unemployment, the point remains that those people who are out of work and have given up looking for a job, they are very unhappy. and what that means is that incumbents do very badly among those voters. and if mitt romney -- he's not

the most like loveable guy, he's not the sort of hip guy, but if he can sort of make the argument that, look, the economy is still bad, i'm a business guy, i'll come in and focus completely on this. and make the hard choices that are needed to fix the economy, then i think that he could do very, very well in november against president obama. bill: charlie hurt is a columnist at the washington times. thank you for your analysis. that speech is screaming live on foxnews.com if you'd like to watch mitt romney's address, and we'll be right back. [ male announcer ] how do you trade? with scottrader streaming quotes, any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips.

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developments in a story we've been telling you a whole lot about. a california mother is suing san diego county for the autopsy

photos of her 6-year-old son this. was involved in a huge, bizarre murder case -- well not murder case, rick, i'm getting ahead of myself. some thought it was murder, some thought it was suicide. to catch us up to date with where we are today in this mansion in coronado where these two deaths happened. >> reporter: we covered it extensively last summer. 56-year-old tumbles over a railing at his father's mansion in southern california. the dad's girlfriend, rebecca, was baby sitting young max at the time. days later her naked body is found hanging from a balcony inside that same mansion. the boy would die from his injuries after that fall and her death would eventually be ruled a suicide. investigators say she killed herself because she was distraught after max's death. buts you i will lewde you

alluded to, jenna they don't believe she killed herself, they don't believe she killed herself. the father is an executive. he wasn't home for his son's fall or her death. the mom has gone to court to get copies of autopsy pictures, perhaps ahead of a wrongful death lawsuit. her lawyers are not saying. jenna: we will bring in our legal panel now. former prosecutor joey jackson and criminal defense attorney fred tissi. first thins first, why can't a mother have a picture of her own son, joey? why is there an issue of her having access to the photo at all. >> there is a law in place and the law seems to protect the integrity and the privacy of photos in general. why? because we don't want them getting into the wrong hands. it's not so much that the mother can't get them, jenna, it's that under the law california code 129 you have to make a special application to the court. all you have to do is allege

good cause shown. and the reason is, is again you want to protect the dignity of the decedent, you want to protect the privacy interest of the family. as long as the family can make the proper showing the photographs will undoubtedly be released. jenna: fred, some are suggesting that the reason she might want these photos is because there might be a wrongful death lawsuit ahead. does she have a basis for such a lawsuit? >> you know, jenna on the facts that i see, no, and it's a terrible, terrible tragedy. you show that picture of that little boy, my heart just breaks for this woman. i can understand why she would want to get answers or point the finger. that's not the way the justice system works. you file a lawsuit, you have a theory and review the facts and go after someone. certainly the coroner wasn't responsible for the child's death, the county wasn't responsible shall the police weren't responsible. it would be one thing if there was something show on the wrongl death and then subpoena and

perhaps get the autopsy photos. but you're not allowed to like go after facts to look for a theory -- jenna: let knee just jump in here. i don't believe we have the diagram. we did at one time of what people thought, or police thought happened to the little boy, that he was running on the second-story, and he kind of tumbled over the balcony, and he landed in such a way that he hurt himself, and a few days later he died. the only person who was in the mansion, as rick was just telling us was the girlfriend of this multi-millionaire and she later passed away. so joey, do you agree with fred that there really is -- i mean if that is what this mother is going for, and we don't know, is there a basis for a lawsuit or is there not? >> let me say this. i agree with most of what fred said, he's right on point, in terms of there not being an apparent type of negligence here or someone who could be blamed. at the same time, jenna i would say that the family has an absolute right to know exactly what happened. and if the autopsy photos would

shed some light as to facts and bring out whether -- perhaps it was a design defect that related to the railing, perhaps there was another issue that occurred which led to max's death, and i think at a very minimum what parents need, when a mother needs, what everyone needs is closure, and so why not. she will make her application to the court, and in the event there is someone to blame or someone at fault, or a contributing factor as to max's death why don't we need to know it? we do. and therefore it should be released. jenna: a quick final thought from you, fred. as we mentioned in the beginning there was all this conversation of whether or not -- what happened to this little boy. there wasn't a witness, there was all these theories about what happened to him, the same thing happened to the girlfriend that was there, did she commit suicide? was she murdered? was she abused? it was really one of the most bizarre cases we've covered. in your professional opinion is there anything left undone here? i mean, what would you like to hear more from this case or really is this just a shut case now? >> well, i'd like to hear more from the family's lawyers as to what they've done to figure out

the cause. boy's death. i don't think the autopsy photos are going to be relevant for that. and i believe the state should hold onto them. have they looked at the design? have they looked as to whether or not the boy was properly supervised? have -- there are a hundred different things. when you have the death of a child you move heaven and earth to figure out what happened. i'm not sure looking at the note owes is going to do that. >> if it makes it a little bit more likely that they can get to some more facts that are yet not determined, fred, i think they have the right to do that, and i think that is the application they'll make. jenna: we'll see what happens. >> you're right, joey that is the standard for legal relevance. i'd be looking at the design of the home and whether someone should have been there watching him. jenna: the only person who was home again is the woman who also is dead. we'll be talking about this more as we learn more about the developments here. thank you so much. >> thank you, jenna. bill jon: a federal judge demands an explanation in writing after the president suggests that the supreme court should uphold his

healthcare law. the story is not getting much coverage in the mainstream media. we'll talk with your news watch panel about that coming up. copd makes it hard to breathe,

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an anti-inflammatory and a long-acting bronchodilator, workintogether to help improve ur lung function all day. advair won't replace fast-acting inhalersor sudden symptoms and should not be used more than twice a day people with copd taking advair may have a higher chance of pneumonia advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, take the lead. ask your doctor if incling advair get your first fl prescription free and save on refills at advaircopd.com. jon: republican presidential contender mitt roll any just wrapped up his prepared remarks -- romney. the question and answer is session is beginning with the american society of news editors in washington, d.c.

let's listen in. >> freedom and democracy helped lift billions of people out of poverty. america is the greatest nation in the history of the earth. in the balance sheet of contributions of america to the world it is not appropriate for the president of the united states to apologize for america and for america's history and for america's role in the world but that is of course very different than acknowledging mistakes that might occur. >> this may be a question of self-interest. four years ago senator john mccain spoke to us as the presumptive republican nominee. he pledged to support a federal law to have reporters protect confidential sources. will you like senator mccain support such legislation. >> i haven't looked at that to be honest. i will give it consideration. i don't want to do a politic and say yes. i will take a look at it. i have an unusual background perhaps for politics. and that was, i will

describe a circumstance. we faced a decision in my state whether to extend a line of our subway system. it was a very expensive decision and my senior staff and a number of cabinet members and the head of our legal department came in and said we've all met. we've gone through the pros and cons and we decided it is something we all endorse and they expected me to say fine, go ahead. i said does any one of you disagree with this? they said no. i can't possibly make a decision to go ahead with the project unless i have someone in the room who vehemently oppose it and expresses that viewpoint of the with regard to something of this nature i hear the pros. i can imagine i would hear a lot of pros. i would like to hear any cons and back and forth. after i have done so i will be happy to give you an answer. >> i certainly do respect that i do wonder then, early in your remarks today you remember the good old days when there were multiple sources. shield laws are all about

giving reporters the right to talk to confidential sources to report stories that report stories that would have otherwise gone unreported. do you see a role for confidential sources in the america and in the press as furtherance of democracy? >> do i see a role for confidential sources? yes. can i ever imagine a time a source would be revealed? yeah, i can imagine that too. i know that sound like a conflict that's why i'm going to have to give a lot more thought and back and forth to understand which side of that i would finally come down on. but i, i would want to hear from people in the industry, is there ever a time you would think a confidential source would be revealed or should be revealed? and, if the answer is no. why i would like to understand why that is the case and, what the alternative is. >> we have time for just a couple more quick questions. you promised to use any means necessary to prevent iran from obtaining a nuclear weapon. would you seek congressional authorization before ordering a military attack?

>> i would follow the constitution and determine what was the constitutionally-required authorization to take any kind of military action. i can tell you this however. that with regards to iran and their nuclear program, this is not something which, which can be guaranteed to be solved through diplomacy. i certainly hope we can dissuade iran from their nuclear folly through crippling sanctions which should have been put in place a long time ago. through indicting ahmadinejad under the genocide, through citation of genocide under the genocide convention. also to have covert activities and support of the iranian people and those that are dissidents. the president was silent when they took to the seats following a stolen election and i think we have to make it very clear we would take military action if necessary

to prevent them from pure ising or -- pursuing or achieving their nuclear ambition and the degree of congressional involvement would be in accordance with the law. >> one final question. you had a very good day yesterday and you have had your supporters, paul ryan marco rubio among them. they have called on your republican opponents to get out of the race. have you asked them yourself? >> no. i haven't. but now that you bring it up -- [laughing] actually i, you know, i think people are free to make their own decision and respect their right to do so. they have each invested in a major part of their lives in a campaign. i hope that we're able to resolve our nomination process as soon as possible of course because i would like to focus our time and attention on those key battleground states and on raising the funds to be somewhat competitive with the president and his billion dollar quest. we have a, we have a real

challenging road ahead of us but i believe we'll rise to the occasion. >> governor, thank you for sharing your time and your comments very much. >> thanks, ken. [applause] jon: the wrap-up to the question and answer question for session for the mitt romney well on the way to the delegates for the republican convention. at lover people think he will be the nominee. he is certainly talking like one of the you heard him say so there. and we'll be right back then don't get nickle and dimed by high cost investments and annoying account fees. at e-trade, our free easy-to-use online tools and experienced retirement specialists can help you build a personalized plan. and with our no annual fee iras and a wide range of low cost investments, you can execute the plan you want at a low cost. so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪

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elected representatives of the people, congress, pass. we think the affordable care act is a statute that can stand constitutional muster. has been examined by a number of courts. held constitutional but a number of courts including by a couple very prominent conservative jurists and we're confident that upon examination and given the adequate, able representation that we had during the arguments, that the court will find the affordable care act constitutional. jenna: that is just into your newsroom. attorney general eric holder responding to the request of an appeals court. the background there the court is asking the justice department if it believes it's constitutional for the supreme court to overturn a law passed by congress? that judge from the fifth circuit demanding a written explanation by the justice department of its official position on this. it is becoming a very, very controversial to say the least. rich edson is reporting for the fox business network.

joining us live from chicago with more on this rich? >> reporter: good afternoon, jenna. the attorney general says he will comply with that request. pretty interesting when you think about it. usually when you have the interbranch fights constitutionally it is legislature or congress versus the executive or president especially now. what we're dealing with here we're bringing in the judiciary. this goes back a couple days ago, well on monday, when the president said it would be unprecedented and extraordinary for the supreme court to strike down his health care law. when you look at supreme court precedent however, long established, longer than 200 years that the supreme court can decide whether a law is constitutional or not. yesterday the president clarified. he said basically using less pointed language, that essentially the supreme court does have that right to determine whether it's constitutional or not and reiterated he believes the administration believes the health care law should be uphold. attorney general eric holder saying that the president was simply stating obvious and didn't break any new ground in his comments.

however a federal district judge, judge jerry smith, the fifth circuit court appointed by president ronald reagan took exception to that. he requested of a department of justice attorney that the president square those comments. does he believe the administration, does it believe that courts can decide whether laws are constitutional or not? and he wanted a written request by tomorrow at noon the attorney general says he will comply with that first comments we heard from the administration regarding this. the request, jenna, three pages, single spaced, specific language, noon tomorrow. back to you. jenna: we'll look forward to that. rick, thank you very much. jon: for a look how all of this is being covered in the media let's talk about it with our "news watch" panel. ellen ratner. cal thomas is syndicated columnist. both are fox news contributors. what about it, ellen, this fifth circuit judge in washington, d.c. didn't seem to take kindly what the president said about the

power of the judiciary. there seems to be this collective yawn from the media. >> well, you know i felt like both the president's clarification yesterday was not covered by the media in this rousing speech kind of stuff that we saw, but i also felt like the judge's comments and particularly his specific remarks about how many pages it should be was also not covered. it was on drudge. it was on huffington. it showed up in some newspapers and cbs, et cetera but wasn't really explained and i think cal is probably will agree with me on that. all of this was buried. jon: does seem to be a fairly monumental examination of the proper role of the three branches of our government here, cal and i would i this that it would be getting a little more ink? >> i would too, jon. ellen is right, i do agree up to a point but look, the media have a lot invested in this president. they sold him to us in 2008. they bought into the premise he was lower the oceans, he

would balance the budget, he would put people back to work when in fact six million jobs have been lost during his tenure but there is an arrogance about this president that the media never pick up on. it is like the old middle ages divine right of kings. whatever he says ought to be right. what you're seeing here i think, and it is a big story for first time since sam alito shook his head when the president denounced the court's ruling on campaign contributions, during his state of the union address, you're seeing a judicial pushback. you don't often see that from judges. this could be a major story if it goes beyond the fifth circuit. jon: what about it, ellen? it was mentioned when al gore lost bush v. gore he gave a magnanimous speech and said the court has spoken and i defer to the court. this president seems to be trying to challenge the court or maybe shape its opinion like he has a vote. >> you know i'm not sure i agree with cal on that one, surprising. what i do think is that

there wasn't thoughtful analysis on either side. there wasn't really a thoughtful analysis earlier in the week on what the president said and was he really challenging and what's been the history of that and there really hasn't been a thoughtful analysis about the fifth circuit judge smith's order yesterday. is this precedented? both what he is asking for and the way he is asking for? i have to fault the media on both side and for not doing analysis i thought should be done. jon: she wants more thoughtful analysis, cal. i mean shouldn't the president of the united states who is a former constitutional law professor, you know, a little more, be able to choose words more accurately reflecting what he is thinking? >> absolutely. jon, this is a president who has challenged the founding fathers of all things. he complained that they set up a system of government that is keeping him from achieving what he wants to achieve. the arrogance is in the extreme. but instead we get suck up

introductions from dean singleton, chairman. associated press at the meeting in washington, the one that just hosted mitt romney we saw the clips from a moment ago. we get editorials from "the new york times" that totally support what the president is trying to do. this is challenge to the fundamental separation of powers that the founders set up to put a check on power of the executive. that's the real story on this and that's what i would like to see debated more in the media. jon: we'll have more "news watch" coverage this weekend. cal, ellen. thank you both. >> thank you. jon: we'll be right back i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw!

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jenna: right now just south of the arizona border police in mexico are investigating a cult suspected in three cases of ritual human sacrifice. the cult's leader and seven

of her relatives are accused of killing two children and a 55-year-old woman, to the saint of death. we wanted to learn more about this. it really caught our attention. w very a professor of reledge just studies virginia commonwealth university. he published a book about this. >> this cult is about the worship of the mexican folk saint and basically per son nice death. if you look at her, i have a votive candle of her, she is the female image of the grip reaper n my book i call her the grim reapress. in last 10 years her cult mushroomed, we're looking 10 million devote vote tease on both -- devotes on both sides of the border. jenna: how often are the

ritual killings happening? is that part of the cult. >> no. if this is the substantiated case of ritual sacrifice, this is the first sufsh stand eighted case since the cult has gone public. most devote east would dismiss this as the what they see as traditional practice. jenna: you say last 10 years it really mushroomed. violence at the border certainly gotten a lot more attention with the power of the drug cartels. is there connection between the rise of power of drug cartels and drawing violence and the rise of, well, i don't want to say followers, i don't really know what to call them, devotees of the cult? >> devotees. definite connection. that is what prompted me to start the research for my book is that in 2009, president calderon of mexico sent in the mexican army with backhoes, bulldozers and bulldozed over 40 santa muerat shrines on the u.s.

mexican border across from texas and california. she has been identified by the mexican government as religious enemy number one, yes because she is the patron of many in the mexican drug cartels. jenna: very interesting. a story we like to watch here on happening now. dr. chestnut. thanks so much for joining us. >> my pleasure, jenna. thank you. >> quite a story. we'll have more on "happening now" in just a moment. [ male announcer ] it's simple physics...

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